Euro car parks Gatwick south BP station PCN, Blue badge displayed in the windscreen and holder present Options

[Alongstory]

Apologies for a rude start (I will do an intro tomorrow), but time is not my friend, does anyone have any pictures, or links to them, specifically the disabled bay, as a notice to the keeper of the car was posted to here, as those with the car can't recall seeing any disabled notices on the bay, and the pictures of the entrance that have been found only say about displaying the badge, in the bay, which was done, as the disabled person is on over 9,800 pills a year, mainly for pain, being disabled for over 30 years, which has put a great strain on the persons stomach, so when the persons stomach starts to go bad, they have to get close to a toilet ASAP, and dares not move from it until their stomach becomes under control again, or it could get very messy very quickly, then the car was further delayed in exiting by gridlock coming back from the top of the slip road, right into the pumps, so it was bumper to bumper with cars trying to get out, inching on to let the next person get fuel and so on, blocking the car from reversing out of the bay to be able to leave, the details;

Date on record = 03/07/19;
Date issued = 12/07/19;
Date due = 26/07/19;
ANPR camera in = 06.54;
ANPR out = 07.35;

Any info would be a great help, TIA.

This post has been edited by Alongstory: Fri, 26 Jul 2019 - 21:04

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[nosferatu1001]

You appeal directly using the POPLA websiute and you upload a PDF APPEAL as otherwise you will not have enough space. Click OTHER

MSE Forum -> Parking subforum -> NEWBIES thread. Go there. Read it. Tells you exactly what to do and is exactly correct.

[Alongstory]

Just saw about times for this that and the other, and I fear that today is the deadline for taking it further to POPLA without breaching anything from the parking company, as the refusal of my appeal response is 29/08/2019, does that mean I have to do it by midnight, or is there a longer period as it's appealing to POPLA ?

As I am typing with 3 pairs of gloves on currently due to a further condition leaving my hands near crippled at their worst as per today, so I am wondering how much I can do in time if it is today, and is it still advised to contact the head office of the petrol station to ask if they will see sense and step in and cancel it, or would that mess up the POPLA part of all this ?.

And a forever Thanks to all of you for the help 🍺

[ostell]

Sometimes, often, POLA appeals can be accepted a few days late. Send it in

[Alongstory]

Thanks, Will do, I have just done an email to BP (attached), is it good enough to send at this late stage ?

Attached thumbnail(s)

 

[Alongstory]

This is an extremely raw attempt at putting something together, and with it being due by midnight I didn't want to waste time messing with parts that were irrelevant, I hope you understand, I have also sent that email as well now.
I hope I have made it understandable, my responses\comments are in red, as basic as they are, but again no point wasting time if it's not relevant, but parts without a comment are because I just don't have a clue, so here goes.

Schedule 4 of the Protection of Freedoms Act

7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, They have failed to fully identify the vehicle.

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable; They have failed to identify the driver.

©inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—They have failed to identify the driver.

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—They have failed to state they don’t know the driver.

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; Does this make any difference to the rest of this ?

Rejection letter states:-
The site in question is a private car park and the terms and conditions cannot be compared to ‘on-street’ parking. The disabled badge handbook will inform the badge holder (or carer) that when they enter a private car park they must abide by the rules and regulations of the site. If it is a pay and display site a valid pay and display ticket must be purchased. If it is a maximum stay car park they must not overstay the time specified on the signage. A disabled badge will only offer free/extended parking on local authority car parks.
This is a petrol station, not a car park surely, or doesn’t it matter by the fact of parking bays ?

Rejection letter states:-
There is clear entrance signage on site and signs further location within the area – it is the driver’s responsibility to check all signage when entering any area that may have terms and conditions restricted to the area.
I challenge ‘Clear Signage’ due to the fact it is too small to be read by people who need glasses for reading on the entrance to the station ?


• Equality Act 2010
Part 2 Equality: key concepts
1. Chapter 1 Protected characteristics
They are required to make additional allowances to the disabled occupant of the car, under the Equality Act 2010, failure to do so is a criminal offence
• 6Disability
• (1)A person (P) has a disability if—
• (a)P has a physical or mental impairment, and YES
• (b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities. YES

• (2)A reference to a disabled person is a reference to a person who has a disability. YES

• (3)In relation to the protected characteristic of disability—
• (a)a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;

• (4)This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)— YES
• (a)a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and YES


13Direct discrimination
(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. YES

20Duty to make adjustments
(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A. YES

(2)The duty comprises the following three requirements.

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage. YES

Rejection letter states:-
1. Any medical problems you were experiencing at site on the above date were not reported so no provision could be made, therefore the parking charge notice was issued correctly and remains payable. How can you inform them when A; you had no idea how you would be affected at any time prior, and B; how would you know how long it would last for, further more the vehicle was trying to exit the station for a considerable period BEFORE any time limit was deemed breached, but was blocked from doing so as the entire station was backed up from the ring road where you exit due to weight of traffic

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage. YES

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—
(a)removing the physical feature in question, YES
(b)altering it, or YES
©providing a reasonable means of avoiding it. YES

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—
(a)a feature arising from the design or construction of a building, YES
(b)a feature of an approach to, exit from or access to a building, YES
©a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or YES
(d)any other physical element or quality. YES

(11)A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service. YES

[Alongstory]

Well I am so messed up, my eyes are killing and can barely keep them open looking at all this stuff, no way you guy's can say in time, so I will just use it and see what tomorrow brings, as I have lost the will to live currently.

Thanks anyway guy's, and I will keep it updated for you to laugh at. 😎

[nosferatu1001]

You have 28 days
No idea why you think 14 days is your deadline for a POPLA appeal!

[Alongstory]

The deadline was for submitting it to POPLA, they have now replied to that application, and talk about full of it, LOL, reading through it as I reply, just cracked up when I read they consulted with Gladstones, and I remember some of the comments about them, question is do you want me to upload this and wait for the many words of wisdom from all you guys who know this stuff more than I ever will, or shall I just reply ?

Because I would simply challenge each point with facts, and just give a general they are talking ball'aches, obviously better than that and calm etc, they are saying I am due as I did not supply a name, the appeal also states the I said the driver had the health problems, my guess there is they are relying on the high level camera shot where they can only see a person driving the car, but the visor makes the face unidentifiable and the back seats are not visible, and equally they did not show the car parked, nor for how long it was according to their claim, now the deadline for this is 7 days from the evidence supported being received which was the 16th, so the 23rd I think, but my online time is limited due to things that has no control over, which is causing delays, just thought I would update now I have got this response, and see if you guys want to see anything or advise on what next ?

[nosferatu1001]

So theyve responded to your appeal/
Go through each and every point YOU made, and see if they have addressed it.

1) if your point wasnt addressed at all, state that the operator has not denied your point and is therefore deemed to have accepted it, and thus your appeal must succeed
2) if your point was addressed, but with a mere assertion, by sometung fundamentally wrong (even better if they then supply a picture showing their statement is wrong, and YES they do this at times!) then point this out to POPLA, show how its wrong, and state as such your appeal is proved and must be upheld

You have 2000 characters ONLY to respond this.

[Alongstory]

Will do, Thanks